Superintendent Erwin Garcia sent an email districtwide to educators stating that the school must allow judicial-warrant-carrying ICE agents in buildings, but educators must also protect the rights of students. Federal law states that all students, including undocumented students, have the right to a public education, Garcia wrote. He also noted that the school is responsible for protecting students' personal data, including immigration status.
The memo comes in response to a new executive order signed by President Donald Trump allowing ICE agent to conduct enforcement activity in schools and other community areas, including churches and hospitals. It is unclear whether this policy change will mean that ICE enforcement activities will take place on school property, but it allows for the possibility. We will continue to monitor this issue and update you as necessary. Below is information for education leaders based on questions we have received.
This is for informational purposes only. We recommend consulting with the administration to determine what is best for your school, staff, and students.
The landmark Plyler v. Doe Supreme Court case established that all children, regardless of immigration status, have the right to a public education. Schools cannot deny a student a public education based on immigration status. FERPA applies to all educational institutions that receive funding under any program administered by the U.
Importantly, FERPA explicitly supersedes any conflicting state laws that attempt to mandate the release of protected student data. Additionally, FERPA prohibits schools from sharing student records with immigration or law enforcement agencies without consent or a judicial order. It is anticipated that ICE agents may request data from schools.
